Is A Public Defender Or A Private Attorney Better For My Criminal Defense?

Believe it or not, clients ask BailOption staff all the time if you are better hiring a private attorney or a public defender.

We can’t give you legal advice or steer you to one lawyer over another. So, we tell our clients that basically it’s up to them.

It boils down to what they feel comfortable with and what you can afford.

Unfortunately, it’s a tough decision. So, BailOption has decided to post a blog letting you understand the pros and cons of each. Hopefully, it can help guide you to make the best possible choice for your or your loved one’s situation.

Pros and Cons of a Public Defender

Private criminal attorneys are expensive. As a result, most criminal defendants cannot afford to hire an attorney. Thus, they will be assigned a public defender by the court. They can avoid the steep cost of private attorney fees while retaining qualified legal representation. Believe it or not, public defenders in most Florida counties are quite good. In some cases the state of Florida contracts private lawyers as serve as public defenders. You can learn more by checking out the Justice Administrative Commission‘s website.

As a result, most Florida public defenders have extensive experience with a diverse range of criminal cases. They also typically have relationships with prosecutors and others in the local court system. In many Florida jurisdictions, competition is also steep for the few public defender jobs available. This means that those chosen are highly qualified.

However, public defenders have a reputation for being overworked and underpaid. For this reason, public defenders may encourage clients to take a plea deal to avoid a court hearing. When the case does go to court, the level of preparation and personalized attention is sometimes lower than with a private attorney.

The Case for a Private Attorney

Some individuals prefer to hire a private attorney. This allows them to choose who will represent them in court. When a defendant is assigned a public defender, the defendant may not feel comfortable or develop a rapport with that individual.

A private lawyer does have benefits over working with a public defender. However, the cost is going to be significantly different.

Despite the cost, private lawyers usually have fewer cases, which means more one-on-one attention for each client. This also increases the amount of time the attorney has to research the case and build a defense, which improves the potential outcome. Private law firms have more resources to draw from, including staff, expert witnesses, lab testing, and other tools to build a defense.

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